Las fronteras morales de la argumentación jurídica: una reflexión filosófica
This article is the result of a qualitative, socio-legal, analytical and descriptive research that critically addresses the role of the Theory of Legal Argumentation in the training of law students and in the practice and professional praxis of the lawyer. The main objective of the article is to ana...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2022
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8479300 |
| Source: | Academia & Derecho, ISSN 2539-4983, Vol. 12, Nº. 2021 (Especial), 2022 (Ejemplar dedicado a: MAYO 2022) |
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| Summary: |
This article is the result of a qualitative, socio-legal, analytical and descriptive research that critically addresses the role of the Theory of Legal Argumentation in the training of law students and in the practice and professional praxis of the lawyer. The main objective of the article is to analyze the relationship between law, morality and justice present in the theory of legal argumentation from classical authors such as Plato, Aristotle, Cicero and Quintilian, and later, from some of the main theories of argumentation that were developed during the 20th century, through which the relationship between morality and argumentation is vivified. The article, among other conclusions, shows the need to reorient the teaching of Law with an approach that recognizes the relationship between law, morality and justice that, in addition, reminds students and legal professionals that, as well as the form and process, truth is important in legal discourse and legal praxis. |
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